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cityguru, Solicitor
Category: Employment Law
Satisfied Customers: 13330
Experience:  Senior lawyer with 30 years experience
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If a statement has not been signed or dated can it be used

Customer Question

if a statement has not been signed or dated can it be used in a Disciplinary hearing
Submitted: 6 months ago.
Category: Employment Law
Expert:  cityguru replied 6 months ago.

Hi Welcome ot Just answer. To help me assist you can you give some further information? Can you explain from whom the statement was obtained ? Is this from a witness or the person who is subject to the disciplinary hearing?

Customer: replied 6 months ago.
The statement was taken from a witness over the telephone she stated that she saw a driver on his mobile but did not give the reg no but she was an of duty police officer
Customer: replied 6 months ago.
no it's okay the hearing is in the morning at 0730 am
Expert:  cityguru replied 6 months ago.

Hi I am not able to do a phone call at the moment. If you want to do that I can opt out for another expert. A statement taken in this way is certainly challengeable at a disciplinary hearing and the person accused of using the mobile ought to have the opportunity to question and challenge the evidence. If there was no registration number taken then it hard to see how this is evidence unless there is some other evidence to identify the vehicle - for example company logos etc/. Does the driver deny using the mobile? was it a company phone or a personal one? the phone records could show if it was not in use as the time alleged.